21.11.2024

The National Authority for Administration and Regulation in Communications (ANCOM) launched today in public consultation a draft decision that establishes the reasonableness criteria that constitute the necessary premises for ensuring the access of individuals to a functional broadband internet service, through a fixed-point connection.

Main provisions

The draft decision defines the conditions of reasonableness under which natural persons can benefit from the right of access to a functional broadband internet service in a given area:

• Availability of services – No provider of electronic communications networks and services offers broadband internet access service at the minimum quality level.
• Applicant's domicile – The applicant's domicile or residence address must be in the area where the service is requested.
• Funding projects – There is no project financed by public funds, national or European, to provide broadband internet in the area where the service is requested to be provided. The situation must be valid within one year from the date on which ANCOM publishes on the website the list of areas without access to this service, and the respective area must be included in the list published by ANCOM.
• Commitment to use – The application shall be accompanied by a commitment by the applicant to use the installed service for a period of at least 12 months, but not longer than 24 months from the date of connection.
• Provision of service – The provision of the service by a provider that has not been designated as the universal service provider for the given area is not required.
• Installation costs – Installation costs do not exceed the RON equivalent of 2,000 euros/application, excluding VAT. If these costs are higher, the applicant can cover the difference.

The minimum level of quality that can ensure a functional broadband Internet access service at a fixed point is achieved through a connection that allows a data transfer speed required for download of 100 megabits/second (Mbps).

Central and local authorities have an important role in expanding electronic communications networks and supporting connectivity in white areas (identified by ANCOM). The measures taken by the authorities can materialize, for example, in prioritizing the procedures for building public electronic communications networks, in attracting funds, or in free, non-discriminatory access to the public or private property they own or manage.

If the measures taken by the central and local authorities, as well as the other market mechanisms, do not contribute to achieving an adequate level of connectivity in the white areas, ANCOM will ensure the application of the right of every citizen to access a functional broadband internet service through the universal service mechanism, clearly defining the conditions of access to this service,  as well as the procedure for designating the universal service provider that will thus have the obligation to respond to requests that meet the reasonableness criteria established by this draft decision. The imposition of universal service obligations should not be an end in itself, as the use of the universal service mechanism is subsidiary to the use of other mechanisms.

Public consultation process

The draft decision for establishing the reasonableness criteria for ensuring the access of natural persons to a functional broadband internet service, through a fixed point connection, can be consulted here. Observations and proposals can be submitted until 23.12.2024, to the address of ANCOM's headquarters (2 Delea Noua Street, sector 3, Bucharest), through the Online Registry or through the regional directorates of the Authority. Comments can also be sent by fax to +40.372.845.402 or by e-mail to consultare@ancom.ro.